This Blog is intended for educational and informational purposes only. Some posters are court ordered to have no contact of any kind with the person having a Restraining Order against them. Meaning no third party contact as well. If you by chance know a person one of our posters/authors is discussing to share their experiences with others, we ask you to respect our rights to free speech, under the United States Constitution. Restraining Order Blog is not meant to harass, directly or indirectly contact, harm, intimidate, bring any emotional distress, stalk or cyberstalk, nor intentionally slander or damage any individual in any way. Nor is it intended to initiate any third party contact on behalf of any poster or author, or violate a current restraining order in any way either. If you feel there is anything here that is slanderous, untrue, or illegal, please bring it to our attention. We will examine your request promptly, and any post you find offensive will be reviewed for removal in a timely manner. If you have a story to share, email me at ka7niq@yahoo.com, and I will add you as an author on Restraining Order Blog.

8/05/2010

Tampa Domestic Violence Restraining Order

In a criminal case in Tampa it is well known that the burden of proof for the prosecution is “beyond a reasonable doubt”. While we need not go into great detail here, suffice to say that the judge or jury need to be really certain that a person has committed a crime in Tampa in order to convict them. Not so with a restraining order in Tampa. A restraining order case in Tampa isn’t really a civil case and it isn’t really a criminal case either. Because it involves the restraint of liberty (meaning that an individual with a restraining order granted against them in Tampa winds up on the sheriffs website, it is deemed a “quasi-criminal” case.
Because the victims of domestic violence in Tampa are so numerous, and because these victims are likely to continue to be victimized by the perpetrator, who is usually a family member, spouse, or significant other, the burden of proof is lower in Tampa Domestic Violence Restraining Order cases.
Domestic Violence Restraining orders, often referred somewhat inaccurately as “TRO”s (Temporary Restraining Order) comes under the Family Code. This is silent on the issue of what the burden of proof is, the Florida Civil Code states that unless otherwise stated, the burden of proof is by the preponderance of the evidence.
This is the lowest standard of proof and means that a judge in Tampa sitting as a trier of fact need only believe that it is more likely than not that the victim is telling the truth.
This is good if you are an actual victim of domestic violence. This is bad if you are falsely accused of domestic violence in Tampa, because it can literally be your word against their word. Without a skilled attorney who can impeach the credibility of the other party, perpetrators and false accusers can win.
The extraordinary thing is, that despite the fact that you could lose your job, lose your kids, and your life could be totally ruined, you still might go in there and throw yourself on the mercy of the court in Tampa. To say that this is a bad idea is like saying the economy in Tampa is good.
If you are facing a TRO in Tampa, call an attorney immediately and make an appointment.